Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Third Party Sale topic
No spam. Unsubscribe anytime.
Contract preserved 2001 limits on third-party sales; 1,000 acre-feet delivery clarified
Summary
Reclamation restored the 2001 language limiting sale or lease of contract water outside the privatization-act area; parties clarified the renewed contract applies to the 1,000 acre-feet deliverable and that retail meter fills from the municipal system are distinct.
Reclamation told county officials the renewed contract will retain the 2001 area limitations on selling or leasing water outside the privatization-act boundaries, requiring Reclamation's prior review and written approval for any third-party transfers.
Jeff Hardy explained that paragraph C was restored to the original wording and that any third-party contracts "must comply with then current reclamation law and policy and with other applicable federal laws and programs, including but not limited to the National Environmental Policy Act, the Endangered Species Act, and the Recovery Implementation Program for endangered fish species in the Upper Colorado River Basin." County counsel and staff pressed for clarity on whether the restriction applied only to the 1,000 acre-feet deliverable under the contract or to the county's broader holdings; the group agreed the contract language applies to the 1,000 acre-feet specified in Article 3.
County water system operator Trevor Brooksby and counsel clarified retail, metered sales for local construction or emergency fire support are treated as municipal retail transactions once the water enters the county system, and are therefore distinct from the contract's prohibition on selling unused contract water to another delivery system without Reclamation approval.
